Chapter 9 - Dependents

A. Accompanying the Student

An F-1 student’s spouse and unmarried children under the age of 21 who are accompanying the F-1 student in the United States are eligible for admission in F-2 status as dependent family members.^[1] An M-1 student’s spouse and unmarried children under the age of 21 who are accompanying are eligible for admission in M-2 status.

At the time they seek admission, the dependent family members of a student with a Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) must each present an original Form I-20 issued in the name of each F-2 or M-2 dependent and issued by a school certified by U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to admit F or M students.

B. Following to Join the Student

An F-1 student’s spouse and unmarried children under the age of 21 who are following to join the F-1 student in the United States are eligible for admission in F-2 status as dependent family members if they are able to demonstrate that the F-1 student has been admitted and is, or will be within 30 days, enrolled in a full course of study, or is engaged in approved practical training following completion of studies.

At the time they seek admission, the dependent family members of an F-1 student must individually present an original Form I-20 issued in the name of each F-2 dependent and issued by a school certified by ICE SEVP for attendance by F-1 students. A new Form I-20 is required for a dependent family member where there has been any substantive change in the F-1 student’s current information.

An M-1 student’s spouse and unmarried children under the age of 21 who are following to join the M-1 student in the United States are eligible for admission in M-2 status if they are able to demonstrate that the M-1 student has been admitted and is, or will be within 30 days, enrolled in a full course of study, or is engaged in approved practical training following completion of studies.

At the time they seek admission, the dependent family members of an M-1 student must individually present an original Form I-20 issued in the name of each M-2 dependent and issued by a school certified by ICE SEVP for attendance by M-1 students. A new Form I-20 is required for a dependent where there has been any substantive change in the M-1 student’s current information.

C. Employment and Study

F-2 and M-2 dependents are not authorized to work in the United States. F-2 and M-2 nonimmigrants are permitted to attend elementary, middle, and high school on a full-time basis. F-2 and M-2 nonimmigrants are also permitted to engage in study that is avocational or recreational in nature, or less than full-time.^[2] If a dependent wants to pursue a full course of study beyond the elementary, middle, or high school level, or beyond what is avocational or recreational, the dependent has the option to request a change of status to that of an F-1 or M-1 nonimmigrant.

D. Period of Stay

1. F-2 Dependents

F-2 dependents are generally admitted concurrently with the duration of status of the F-1 student. F-2 dependents are not required to seek an extension of stay as long as they were admitted for duration of status and the F-1 student maintains their student status.

F-2 dependents of an F-1 student who is unable to complete the student’s course of study by the program end date on the Form I-20 do not need to apply for an extension of stay if they were admitted for duration of status. If the Designated School Official (DSO) grants an extension of stay for the F-1 student, the DSO updates the Student and Exchange Visitor Information System (SEVIS) for both the F-1 student and their F-2 dependents.

2. M-2 Dependents

M-2 dependents are admitted for the fixed period of stay for which M-1 students are admitted.^[3] If USCIS grants an extension to members of a family group, all members are granted the same period of time, with the shortest period of time granted to any member applying to all.

If USCIS grants an application for an extension, the M-1 student and the student’s M-2 dependent family members, if applicable, are given an extension of stay for the period of time necessary to complete the course of study, plus 30 days within which to depart from the United States. The period of stay may not exceed a total period of 1 year, or the date a dependent loses eligibility for M-2 status (for example, the date an M-2 child turns 21), whichever is less.

E. Change of Status

Any spouse and minor children of the student who wish to change their status to F-2 dependent status must file their change of status (COS) application on Form I-539 while their current nonimmigrant status is valid and unexpired. Officers must review the expiration date of the applicant’s nonimmigrant status as indicated on the applicant’s Arrival/Departure Record (Form I-94) or other relevant documents to make this determination.

If USCIS denies the principal nonimmigrant’s COS application, officers must deny any dependent’s COS application.

Footnotes

[^ 1] See 8 CFR 214.2(f)(3) and 8 CFR 214.2(m)(3).

[^ 2] See 8 CFR 214.2(f)(15)(ii)(A)(1) (“[S]tudy at an undergraduate college or university or at a community college or junior college is not a full course of study solely because the F-2 nonimmigrant is engaging in a lesser course load to complete a course of study during the current term. An F-2 spouse or F-2 child enrolled in less than a full course of study is not eligible to engage in employment.”). See 8 CFR 214.2(m)(17)(ii)(A)(1) (“[S]tudy at an undergraduate college or university or at a community college or junior college is not a full course of study solely because the M-2 nonimmigrant is engaging in a lesser course load to complete a course of study during the current term. An M-2 spouse or M-2 child enrolled in less than a full course of study is not eligible to engage in employment.”).

[^ 3] See 8 CFR 214.2(m)(10)(iii).

Resources

22 CFR 41.61 Students - academic and nonacademic

8 CFR 214.1(c)(5) - Decision on application for extension or change of status

8 CFR 214.13 - SEVIS fee for certain F, J, and M nonimmigrants

8 CFR 214.2(f) - Students in colleges, universities, seminaries, conservatories, academic high schools, elementary schools, other academic institutions, and in language training programs

8 CFR 214.2(m) - Students in established vocational or other recognized nonacademic institutions, other than in language training programs

8 CFR 214.2(q)(5)(ii) - Petition for multiple participants

8 CFR 214.3 - Approval of schools for enrollment of F and M nonimmigrants

8 CFR 274a.12(c) - Aliens who must apply for employment authorization

INA 101(a)(15)(F) - Academic student definition

INA 101(a)(15)(M) - Vocational student definition

INA 214(c) - Admission of nonimmigrants

INA 214(m) - Nonimmigrant elementary and secondary school students

INA 248, 8 CFR 248 - Change of nonimmigrant classification

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-539, Application To Extend/Change Nonimmigrant Status Application To Extend/Change Nonimmigrant Status

How to Use the USCIS Policy Manual Website

Appendices

**Visa Categories Snapshot**
Requirement	F-1	M-1
Acceptance at a U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP)-certified school	Required	Required
Bona fide student pursuing full course of study	Required	Required
Sufficient funds	Must have sufficient funds that are or will be available to successfully study without resorting to unauthorized employment in the United States for financial support	Must have immediately available funds or assurances of support necessary to pay all tuition and living costs for the entire period of intended stay
Full-time study	Required, unless Designated School Official (DSO) or the Secretary of Homeland Security (in a Federal Register notice) authorizes a reduced course load	Required, unless DSO authorizes a reduced course load for medical reasons
Public schools	No study permitted at a public school for kindergarten through grade eight. Study is only permitted at an U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP)-certified public high school (grades nine through 12) and is limited to 12 months. The student must demonstrate that they have paid the unsubsidized cost of the education to the educational agency.	No study permitted at a public school for kindergarten through grade eight
School transfers	Allowed, DSO must record in Student and Exchange Visitor Information System (SEVIS)	Allowed if it is less than 6 months into program of study and student cannot remain at present school due to circumstances beyond their control. USCIS must authorize. Student cannot change educational objective.
Curricular Practical Training	Allowed, DSO must authorize	Not applicable
Optional Practical Training (OPT) (pre-completion)	Allowed, if student has been enrolled for 1 full academic year. Must be directly related to the student’s major area of study. Cannot be full-time while school is in session. DSO must endorse, and USCIS must approve and issue employment authorization document (EAD) prior to the student starting OPT.	Not applicable
OPT (post-completion)	Allowed, must be directly related to the student’s major area of study. Requires DSO endorsement, approval by USCIS, and issuance of EAD	Not applicable
Science, Technology, Engineering, and Mathematics (STEM) OPT Extension	Allowed, must have a bachelor’s degree, master’s degree, or doctorate degree that is on the STEM Designated Degree Program List (PDF); receive DSO endorsement; and receive USCIS approval to qualify for a 24-month OPT extension	Not applicable
Practical Training	Not applicable	Allowed after completion of the student’s course of study. Must be related to the student’s course of study, and employment comparable to the proposed employment is not available to the student in the country of the student’s foreign residence. Requires approval by USCIS and issuance of EAD.
Maximum Stay	Duration of status	1 year, plus extensions not to exceed 3 years
Program Extension	Allowed, if the student has continually maintained F-1 status, the need is caused by a compelling academic or medical reason, and the student applies to the student’s DSO for the extension before the student’s Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) expires	Allowed, the maximum cumulative time of extensions is 3 years from original start date. M-1s must apply for an extension beyond the end date of their Arrival/Departure Record (Form I-94) by filing an Application to Extend/Change Nonimmigrant Status (Form I-539) with USCIS
Family members	Spouses and unmarried children under the age of 21 are eligible for the F-2 visa classification	Spouses and unmarried children under the age of 21 are eligible for the M-2 visa classification

Updates

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the nonimmigrant student (F and M) classifications, including USCIS’ role in the adjudication of applications for employment authorization and change or reinstatement of status to F or M classifications.